In the context of the UPR, Amnesty International has made the following recommendations to Hungary
On non-discrimination measures
• To develop an action plan and take urgent measures to combat and prevent racist incidents and hate crimes;
• To ensure that members of Romani community, as well as members of other vulnerable groups, are protected from violence and attacks;
• To ensure the message is clear: racist comments by public officials, including law enforcement and administrative officials, are not tolerated in Hungary;
• To ratify and implement Protocol No. 12 to the European Convention on Human Rights, which sets out a general prohibition of discrimination.
On implementation of hate crime legislation
• To ensure that racially motivated violence and other hate crimes are fully and effectively investigated and that those reasonably suspected of responsibility are prosecuted under laws providing for sanctions which reflect the gravity of the human rights abuses;
• To establish and operate a system across the country for recording and monitoring racist incidents and hate crimes;
• To develop and disseminate guidelines for police officers and prosecutors to record crimes against the community under Article 174/B;
• In co-operation with NGOs, community-based organizations and representatives of the minorities, to introduce and implement measures to encourage reporting of racist and other hate-related incidents, such as establishing specialized agencies with trained personnel to which the hate crimes can be reported;
• To develop and implement guidelines for police officers to investigate crimes against the community under Article 174/B of the Criminal Code and other hate crime offences;
• To introduce a system of comprehensive monitoring of all incidents that may constitute hate crimes, in particular racist offences. The monitoring should cover all stages of proceedings, including complaints lodged, charges brought and convictions recorded;
• To take measures to ensure that independent and impartial investigations are initiated promptly and carried out thoroughly without undue delay;
• To ensure that all police officers receive training on the nature of hate crimes and the role of the police in combating them;
• To work with Roma self-governments, NGOs and human rights organizations to implement measures to encourage Roma and other victims to report hate crimes and to ensure their protection from reprisal when they do.
On recording crimes committed against members of community
• To strengthen the data collection on hate crimes in a manner that ensures respect for human rights, including the prohibition of discrimination, so that it can be used to identify trends;
• To publish the data collected;
• To ensure that the data collected on the application of provisions of the Criminal Code, including provisions expressly criminalising hate-based violence such as Article 174/B of the Criminal Code, are disaggregated by the different groups to which the victim may belong, while ensuring that any collection of such data is in line with the international standards on the protection of personal data;
• To establish specialized units or to designate police officers in the county and local police with specialized training in identifying and investigating hate crimes.
On victim support
• To ensure that victims of hate crimes have effective access to mechanisms of justice and to redress, including by ensuring their access to appropriate support and assistance at each stage of the criminal justice process and, where appropriate, after its completion. The support and assistance should also be provided in cases in which the perpetrators are not identified, prosecuted or convicted;
• To provide training for the police to ensure that the needs of victims of hate crimes are met, including their rights to dignity and privacy;
• To ensure that victims of hate crimes, and where appropriate their families, are informed about, offered and have effective access to support, assistance and protection, including counselling and legal assistance throughout any investigation and criminal proceedings, continuing after the case has been closed;
• To develop programmes and projects to empower Roma to improve their reporting of hate crimes.
On ratification and implementation of international human rights standards
• To sign, ratify and implement under national law the Optional Protocol to the International Covenant of Economic, Social and Cultural Rights, opting-in to its inquiry and inter-state procedures, and the International Convention for the Protection of All Persons from Enforced Disappearance, without delay.
Hungary: Amnesty International's submission to the UN Universal Periodic Review
Other Amnesty International documents on Hungary